The prosecution has the burden of presenting evidence to the court in support of the charges against you. Suppressing evidence is one of many criminal defense strategies that may be used in your case. By suppressing evidence, you and your defense attorney may be able to:
Limit or reduce the amount of evidence presented against you.
Cast doubt on the reliability of any remaining evidence presented against you.
Get a reduction in the charges against you.
Get the charges dropped completely.
The Exclusionary Rule in Oklahoma
The Fourth Amendment to the Constitution protects individuals from unreasonable search and seizure. The Fourth Amendment stipulates that law enforcement must have reasonable cause to perform any search or seizure.
In support of the Fourth Amendment, the Supreme Court established the exclusionary rule as a rule of law that disallows any evidence to be used in court that was obtained illegally. Your defense attorney may use the exclusionary rule, in addition to other criminal defense strategies, to protect your rights and fight for your best interests.
Ways To Get Evidence Suppressed In Oklahoma
Here are the most common arguments for having evidence suppressed in Oklahoma:
The evidence was unlawfully obtained. Under the exclusionary rule, any evidence obtained illegally or during the course of an unconstitutional search or seizure, may not be used in court. In addition, any subsequent evidence found as a result of evidence or information obtained unlawfully may be suppressed. This is an extension of the exclusionary rule and is commonly referred to as “fruits of a poisonous tree” doctrine. For example, if evidence was found during an illegal search which subsequently led to the discovery of additional evidence, both the evidence found in the illegal search and the evidence found subsequently will be suppressed.
The evidence was withheld improperly. Evidence may also be suppressed if the judge believe that it was withheld from you improperly or intentionally by law enforcement or the prosecution.
- The evidence was gained without reading you your Miranda rights. Any statement or confession you offer without having been read your Miranda rights will be deemed involuntary and disallowed as evidence against you in a trial.
Exceptions To The Suppression Of Evidence
Exceptions to the suppression of evidence will exist in cases where :
The evidence would have inevitably been discovered. For example, if search warrant was already being drafted pursuant to an ongoing investigation at the time that the unlawful seizure was made.
The evidence was obtained from an independant source. Similar to exception above, this will exempt evidence from suppression if any person or source, who is independent of the officer that obtained the evidence unlawfully, presents or would have presented the same evidence.
The evidence was obtained in good faith. This can exempt evidence from being suppressed even though there are technical defects that would ordinarily render the evidence inadmissible. For example, if evidence was seized in a search where the officer had gone through the proper channels to obtain a search warrant only to find out later that there was a technical error made in its drafting, the evidence may be exempted from suppression because the officer was acting in good faith in obtaining the evidence with what he believed to be a valid search warrant.
No Cost, No Obligation Consultation:
Oklahoma City Criminal Defense Attorney
There’s no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions and for more information about criminal defense strategies available to you. Before you let police or prosecutors tell you what’s best for you, talk to a criminal defense attorney in Oklahoma City whose business is to protect the interests of people in your position.
Call Criminal Defense Law Office of Oklahoma City at (405) 588-4529 (588-4LAW). If you prefer, you may send your question using the contact form at the top right side of this page.